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(영문) 서울북부지방법원 2019.09.20 2019고합202
준강간
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is an attorney-at-law who operates the “C” attorney-at-law office in the Southern City B and 2, and the victim D (at the age of 20) has worked in the said attorney-at-law office from January 16, 2019.

At around 03:40 on January 18, 2019, the Defendant exceeded the victim’s spanty and panty under the influence of alcohol at the Defendant’s house located in Dobong-gu Seoul Metropolitan Government E apartment and F, and inserted the Defendant’s sexual panty into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (field search and investigation, and CCTV securing), investigation report (related to the submission of text messages and conversation contents), investigation report (related to the securing of CCTV at the suspect's address), investigation report (related to attachment of the result of an emergency key) (related to attachment of the result of an emergency key), investigation report (Attachment to CCTV of apartment elevators);

1. Application of the Acts and subordinate statutes related to each CCTV CD, a caps of text messages, photo-fashion photographs of the contents of the G dialogue, CCTV time, and current hours of comparison;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an employment restriction order under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Sex Offenses, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse: It is difficult to readily conclude that a defendant has the risk of repeating a sexual crime in general, such as having no record of punishment for a sex crime, and that it is difficult to conclude that the defendant has the risk of recommitting a sexual crime, such as having no record of punishment for a sex crime, the sentence of a punishment, the order to complete a sexual assault treatment program, and personal information.

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